TERMS AND CONDITIONS FOR MOBILE APP
This Service (hereinafter defined) is made available by ITZ MyTreats Sdn Bhd (Company No.: 1206267-H) (“MyTreats”) subject to the Terms and Conditions herein (“Terms and Conditions”). You acknowledge that you have read and fully understood these Terms and Conditions prior to your access to and use of the Service. Your activation and use of this app constitute your unconditional acceptance of these Terms and Conditions as may be amended by MyTreats from time to time. Any person that you allow to access the app using your account shall also be bounded by these Terms and Conditions. If you do not accept these Terms and Conditions, please do not continue with the registration proceed or Activation.
- Definitions and Interpretation
- All defined terms in this Terms and Conditions shall have the following meaning:-
“Terms and Conditions”The Terms and Conditions including any annexures or application thereof, the Privacy Notice and MyTreats Merchant Application Form (regardless Merchant and/or Members) submitted by you / on your behalf, shall constitutes as an agreement between the parties herein;
“MyTreats App”means the software application named as “MyTreats” or such other name as may be determined by MyTreats from time to time which is in the form of mobile application and Web platform downloaded/or login downloaded by the Members/User.
“Merchant”Merchant is a company at all material time operating their own business and have an engagement with ITZ MyTreats Sdn. Bhd. (Company No.: 1206267-H).
“Member”Means any person holding a valid MyTreats Membership account to allowing them to perform redemptions of voucher and coupon within the mobile and web application for 12 months period and also entitle to earn referral rewards when such person successfully recruited member for MyTreats App;
“User”means any person signed in MyTreats App by using Google and other social media account such as Facebook and did not paid the subscriptions fees. Such person may receive free voucher from MyTreats;
“MyTreats Service Charges”means: (a) the Subscription Fees amounting to RM365 (if any); (b) any others fees may be requested by MyTreats from time to time as the case may be.
“MyTreats Services”means MyTreats is a marketplace that provides an aggregation of deals and evouchers from local merchants that also have an affiliate program. It also has an ewallet feature to pay bills for telco and utilities.
“E-Voucher”means digital form of Voucher available and distributed within MyTreats mobile and it is redeemable by the member from Merchants.
“Mobile Payment”Means the electronic money (e-money) services via Mobile App offered by MyTreats to you.
“Mobile Payment System”Means the Mobile Payment system used by MyTreats to provide the Service including the payment system platform commissioned by MyTreats to facilitate the payment of bills and utilities.
“Personal Information / Data”Means your information / data collected by MyTreats for the provision of the Service, either directly or indirectly, including but not limited to your name, address details, telephone number and others.
(a) MyTreats App is a voucher aggregator platform. MyTreats will aggregate the vouchers from the engaged Merchants and it is allowing the MyTreats Member to redeem the said vouchers.
(b) The terms and condition stated in the vouchers are setting out by the Merchants. MyTreats will not involve in this part.
(c) In the event that there are any disputes arising from the terms and conditions stated in the voucher and/or the voucher itself, MyTreats shall not be the response party to such dispute and MyTreats shall not be the party who bear any liability arises from such dispute.
(d) You have legal capacity to enter into this agreement by reaching majority age at Eighteen (18) years old.
(e) All the information that provided by you shall be true, accurate and full and frank disclosure. MyTreats will not allow for accessing of the MyTreats App.
(f) You will only use the Services and /or MyTreats Platform for lawful purposes;
(g) You shall at all time be solely responsible to keep confidential and safeguard your account details. You shall not disclose your login credentials and/or security credentials to any person. If you key in the wrong credentials as required, it may result in your login application being suspended.
(h) You are agreeable to notify us immediately of any unauthorised use of your account or any others breach of security.
(i) You shall not try to interrupt or cause harm to the Service, MyTreats App and/or the Software.
(j) You will not authorise others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. In any event you have authorize other person in use of your identity to access our App, any losses, damage, costs incurred and expenses arising from such misuse of account or illegal use of account, you shall not claim against MyTreats to indemnify of your losses suffered.
(k) When using the App and/or Platform, you agree to comply with all laws applicable to you and/or the terms applicable to your use of the App and/or Service;
(l) You will not copy or distribute the Software or other content without written permission from MyTreats;
(m) As a result of your breach of Agreement, you are agreeable to bear the full responsibility and liability for all losses or damages suffered by yourself;
(n) You shall only be entitled to have one (1) Account. You are required to register your account on your own device. For avoidance of doubt, each mobile number and email address can only be used for one (1) account;
(o) You shall not fraudulently register the Account. If MyTreats discovers that you are impersonating another person, whether an individual or another legal entity, MyTreats may immediately terminate the account and report such fraudulent activity to the relevant authorities;
(p) Notwithstanding anything contained in these Terms and Conditions, MyTreats may reject any of your instruction relating to the use of the App and/or Services or any Transactions, if:-
(q) if your Mobile Device does not support the relevant technology, you may not be able to use the Service (or any part thereof) or access the MyTreats Website or any part thereof.
(r) You shall not be entitled to receive any interest or other profits in anyway whatsoever in relation to the App and/or Service.
3. Member Subscription Fees3.1 You shall remit RM365 being member subscription fees, upon signing up the as a member of MyTreats App. You shall renew your membership by remitting One Time Payment amounting to RM365 before the expiry of your membership. No membership shall be maintained, if the required subscription fees did not remit or did not remit on time.
3.2 Such member subscription fees are not refundable in any event.
4. Referral Tier System4.1 You are entitling to be rewarded some referral rewards, if you have referred a member under you. The rewards system is broken into three (3) tiers:- (a) First Years referral 1st Tier – RM20; 2nd Tier – RM5; and 3rd Tier – RM5 (b) Second Years referral 1st Tier – RM10; 2nd Tier – RM3; and 3rd Tier – RM3. The 1st Tier refers to memberships that come immediately under you. The 2nd Tier refers to memberships that come under your 1st Tier and the 3rd Tier refers to memberships that come under the 2nd Tier. For further inquiries about the referral tier, you may contact us at 012-481 7870 and/or send us an email at firstname.lastname@example.org for clarification.
5. Personal Data5.1 Without prejudice to the foregoing, information which you have submitted to us for your registration as a App User and/or member on our systems, which may include your personal data as described in the Personal Data Policy, may be linked to the account on the Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application. Your use of the account and the Application may be monitored by us or a third-party service provider to provide you with information on your business and Account.
6. Intellectual Property Rights6.1 All trademarks, logos, and service marks displayed on the Website and mobile application are registered and unregistered Trademarks of MyTreats and/or belong to the Merchants who have authorized MyTreats to use their trademarks, logos and Service marks (collectively the “Trademarks”). 6.2 You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of MyTreats’ trademarks on any other application is strictly prohibited. All of the materials contained on the Website and Mobile Application are copyrighted except where explicitly noted otherwise. MyTreats will fully aggressively enforce its intellectual property rights of the law, including the seeking of criminal prosecution. MyTreats neither warrants nor represents that your use of materials displayed on the Websites and Mobile Application will not infringe rights of third parties not owned by or affiliated with MyTreats. Use of any materials on the Websites or Mobile Application is at your own risk. 6.3 You acknowledge and agree that all trademarks and other intellectual property rights relating to the App and/or Service or any part thereof, whether presented to you by MyTreats, advertisers or any third party are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and all MyTreats’ rights therein are expressly reserved.
Privacy7.1 You agree that by registering for the Account, regardless such registration in Website and / or via App, you consent for your Personal Information / Data to be used and / or disclosed in accordance with the Personal Data Protection Act 2010.
7.2 The Personal Information / Data provided by you may be held in database and MyTreats may use, store, analyse and transfer and / or exchange such information with all such persons as may be considered necessary. MyTreats may use, disclose to third parties and process your Personal Information / Data provided by you to MyTreats for the following purpose: –
(a) processing your application and providing you with the services / products of MyTreats, as well as services and products by other external providers provided through MyTreats;
(b) to enable communication;
(c) managing your relationship and Account with MyTreats;
(d) for administrative purposes and any other ancillary matters related to the provision of services related to MyTreats;
(e) perform internal operations necessary to provide our Services, including troubleshooting software bugs and operational problems, conducting data analysis, testing and research, monitoring and analysing usage and activity trends;
(f) protect the security or integrity of the Services and any facilities or equipment used to make the Services available;
(g) process, manage or verify your application for subscription with MyTreats and to provide you with subscribers’ benefits; and
(h) Enable our partners to manage and allocate fleet resources.
7.3 In some situation, you may provide Personal Data of other individuals (such as your spouse, family members or friends) to us. For example, you may add them as your emergency contact. If you provide us with their Personal Data, you represent and warrant that you have obtained their consent of their Personal Data to be collected, used and disclosed as set out in this Policy and we shall deem that you have obtained such consent from them for us to access their personal data.
7.4 MyTreats may monitor and record all transactions and communications that may take place between MyTreats and you for MyTreats’ business purposes (including but not limited to quality control and training, prevention of unauthorised use of MyTreats’ telecommunication systems, ensuring effective systems operation and prevention and detection of crime).
7.5 You hereby agree, consent and allow MyTreats to extract, disclose and release any information in the possession of MyTreats relating to you (including your personal Information / Data), the particulars of the Transactions or any designated account relating to the Transaction(s) or any other data required for the purpose of investigating any claim or dispute arising out of or in connection with the Transaction(s) or to be used as evidence in court or in the event of any suspected misuse of the Service. You hereby agree that in the event of a dispute or claim of any nature arising in respect of any Transactions, the records of the Transaction(s) available from MyTreats shall be used as sole reference and basis of setting such dispute or claim. Your agreement and consent under this Clause shall survive the termination of the Service.
7.6 in additional to the classes of users as stated herein, MyTreats may additionally disclose your Personal Information to the following classes:
(a) affiliated companies with MyTreats;
(b) Persons / Organizations required under law or where disclosure is necessary for the purposes of compliance with applicable laws or in response to relevant authorities’ requests.
(c) Government agencies, statutory authorities, enforcement agencies under law; and
(d) MyTreats’ contractors, service / product providers, consultants, auditors, accountants, solicitors, and advisors.
7.7 The Personal Information / Data requested by MyTreats are mandatory which you must provide and agree to the processing of such Personal Information / Data. Should you decide not to provide any or all of the Personal Information / Data, MyTreats will not be able to proceed with the provision of the Services and/or allow you to access our App / Website.
7.8 Subject to the provision of the Personal Data Protection Act 2010, you shall have the right to access your Personal Information / Data by requesting for a copy of your Personal Information / Data and request to rectify or update your Personal Information / Data.
7.9 MyTreats acknowledge that the document or information collected by MyTreats from you relating to your affair or account as a customer of MyTreats will be only used and/or disclosed in accordance to the secrecy provision under the Financial Services Act 2013.
8. Indemnity8.1 You shall indemnify the MyTreats against all losses, claims, damages and costs suffered or otherwise incurred by MyTreats which is caused by any omission, negligence or breach by you under this Agreement. 8.2 In the event that you have fail to indemnify the agreed indemnity amount to MyTreats, the MyTreats is entitled to deduct and/or set off the agreed indemnity amount from your subscription fees to MyTreats. To an extent, MyTreats reserve the right to initiate any relevant proceeding the claim against the you for the losses. 8.2 In the event that you have fail to indemnify the agreed indemnity amount to MyTreats, the MyTreats is entitled to deduct and/or set off the agreed indemnity amount from your subscription fees to MyTreats. To an extent, MyTreats reserve the right to initiate any relevant proceeding the claim against the you for the losses.
9. Governing Law9.1 These Terms and Conditions are governed by and construed in accordance with the Laws of Malaysia, and you hereby submit to the exclusive jurisdiction of the Malaysian Courts.
10. Force Majeure10.1 Either party to this Agreement shall not be liable for any delay or failure to perform its obligations under this Agreement caused by any circumstances beyond the party control and without the fault or negligence of that party, including war (declared or undeclared), natural disaster, riot, civil commotion, acts of God, fire, blockades, layout disturbances, strikes, insurrections, earthquakes, disease, epidemic, pandemic and matters beyond a party’s reasonable control (force majeure). Either party to this Agreement shall inform the other party if any event of force majeure will delay its performance and will use its best effort and endeavour to minimize the duration, impact and effect of an event of force majeure.
11. Amendment11.1 MyTreats reserved the right at its absolute discretion, from time to time, to vary, add to, delete or otherwise amend these Terms and Conditions or any part thereof by giving you Fourteen (14) days prior notice of such changes, additions or deletions. Your continued use of the Services after the effective date of any variation, additional, deletion or amendments to these Terms and Conditions shall constitute your unconditional acceptance of such variation, addition, deletion or amendments. You are advised to visit the MyTreats’ website from time to time to keep updated of the latest variation to these Terms and Conditions (if any). 11.2 The fees and charges imposed by MyTreats pursuant to the Terms and Conditions may change from time to time. MyTreats shall notify you of any changes to the fees and charges imposed by MyTreats giving no less than Fourteen (14) days prior to the effective date of the said changes to the fees and charges.
12. New Services12.1 MyTreats may, at its sole and absolute discretion provide you with new services from time to time, and these new services from time to time, and these new services will be governed by these Terms and Conditions and the terms and conditions of the respective new services.
13. Severance13.1 Any terms conditions stipulations provisions, covenants or undertakings or paragraphs, sentences or clauses in this Agreement which is illegal, void, prohibited or unenforceable shall be ineffective to such extent of illegality, prohibition or unenforceability and the remaining provisions, covenants or undertakings herein contained shall not be invalidate and/or the enforceability of the same being affected.
14. Waiver14.1 MyTreats’ failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by MyTreats in writing.
15. Assignment15.1 You shall not assign or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. MyTreats may assign these Terms and Conditions in whole or in part to any third party at its discretion.
16. Termination & Suspension16.1 Notwithstanding anything in these Terms and Conditions, MyTreats may immediately change the procedures or mode of operation of the Services without giving any reason or notice to you.
16.2 Subject to Clause 7.1, MyTreats shall be entitled to immediately suspend or terminate your use of the Service (or any part thereof, including any benefits under the Services) and your access to the Account, with or without any notice to you, upon the happening of any of the following events:-
(a) If in the opinion of MyTreats, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your Account or your use of the Services;
(b) if you are in breach or MyTreats have reasonable grounds to believe that you have breached any of the provisions of these Terms and Conditions, the terms and/or any applicable terms and conditions of any new services as may be provided by MyTreats from time to time, or have engaged in any conduct prejudicial to MyTreats or if in the opinion of MyTreats, your acts are prejudicial to MyTreats’ interest;
(c) if you are in breach of any acts, statutes, laws, by laws, rules and/or regulations imposed by any party, regulatory body or government agency;
(d) if you have submitted false documents or have declared false information during your application for the Service;
(e) If you have acted in bad faith or with malicious intent;
(f) If you fail to provide any additional information which MyTreats may request from you from time to time.
16.3 You shall not unsubscribe our App during the subscription period (from the date that you have joined as member of the App until the expiration of the membership). In the event you are elect not to renew such subscription by remitting the membership subscription fees, our App will automatically update your status become “Non-member” and you will not able to access your account in our App.
16.4 In the event you decided not to renew the subscription, the remaining balance of e-cash vouchers would be forfeited and all the earnings come from your referral rewards will be no longer be credited into your account.